Stamp duty

fifi0903

My partner & I both owned our own homes, last summer I sold my one and we used the money made on it to purchase a new house together. 

Because he wasn’t putting his house on the market until we moved it meant he owned a ‘second home’ and we had to pay the surcharge. 

His house sold and completion date was 28/01/2022, so our solicitor has made an application to claim back the surcharge we paid but today they’ve informed me it’s not been paid until we send proof of me living at that address. 

I’ve never had permanent residency at my partner house so have no proof of this 

surely can’t refuse our claim because of this? The surcharge was over £8k we paid 5months ago 

we are in Scotland